our rights and that's why we're filing the action. >> reporter: a 2009 study indicated bringing the a's to town would bring in $30 million to revenue over the years. plus $10 million to school districts. with that kind of money on the line, the city can't afford to wait forever. >> it was answered five years ago we would have something substantial. >> reporter: the council's vote to sue was unanimous and the mayor says the city is ready to move forward. >> if major league baseball gave us a sign five years ago, we would be playing in the stadium today. so we're ready. >> reporter: now the city attorney's office is involved in the lawsuit. but they brought on a private firm because of their ek expertise. someone from that firm will be in new york city attending to serve that lawsuit personally to bud selig tomorrow. kris sanchez, nbc bay area news. >> we now have more details on

that law firm that's handling the case. one of the nation's leading trial attorneys, handling some of the largest anti-trust cases in the nation. he's also represented both the nfl and individual football teams. in recent years, cotchett has taken on major organizations and even wall street. including lawsuits against enron and gold mman sachs. meanwhile, the a's owner lew wolff says he's not in favor of legal action or legal threats to solve business issues. instead of lawsuits oakland is focusing on a new stadium. they're also working on a lease extension at the coliseum. waiting in san jose is the

proposed ballpark for the a's. you heard the council members talking about this. these are artist renderings of the field that would be built in the league allows them to move. today's lawsuit comes on the heals of a messy week. two days ago coaches from the a's and visiting seattle mariners were up to their ankles in raw sewage. it flooded the clubhouses of both teams. all the players were forced to shower in the raiders locker room, which is on a higher level at the stadium. the 47-year-old coliseum could not handle the plumbing demands of the sellout crowd. our survey tonight. should the a's move to san jose? you can vote by texting or calling at 408-300-9222. text 1 for yes or 2 for no. you can also tweet us at

nbcbayarea. new details on the deadly pit bull attack that took the life of a child. his family is struggling to understand why the family dog turned on him. jodi, the owner of a dog is a police officer. >> reporter: that's right. he's a veteran san matteo police officer now dealing with a personal off duty tragedy. this is where it happened, right at this union city house. police say the offer's family dog, a pit bull, turned on his 6-year-old nephew yesterday killing the boy. >> it's the biggest loss in our family right now. it's my sister's son. but he was just like my own. >> she says her family will never be the same after the family dog, a pit bull named gaba fatally bit her 6-year-old

nephew yesterday as the child played with eight of his cousins in the backyard of their union city home. >> he was a good dog. i don't like dogs at all and this is the first time we ever took a dog in. >> it's almost inexplicable what happened here. this child had been around the dog for two years. the dog has been here two years playing with eight kids, nine kids on a daily basis. >> the attorney who represents police officers throughout the bay area spent the day consoling the dog owner, a san mateo police officer and the boy's uncle. he says the officer was home at the time and did his best to help. >> he just went to the dog immediately and took ahold of the dog at the the jaw, and the dog released immediately. so it lets you know the dog was not fighting, was not vicious, was not growling. >> the dog is now in quarantine

at the animal shelter of tri-city why the boy's family grieves. the aunt shows us the kindergarten graduation hat that he wore just last week. she says he was a happy boy, excited for the first grade and loved to play with cars. >> i don't know. i feel like this is all a bad dream. i wish i couldújust wake up. >> now police tell us that the boy was riding the dog like a horse when the attack happened. again, the dog is now in quarantine. it's unclear what will become of the dog. the family says they do not want it back. union city police tell us it appears this is nothing more than a tragic accident. reporting live in union city, i'm jodi hernandez. nbc bay area news. >> we have breaking news to report tonight. a large brush fire is spreading rapidly in the east bay. it's already burned 20 to 30 acres off lake her man road near highway 680. the fire broke out around 3:00

this afternoon. no evacuations yet at this time. and no containment yet either. we're keeping a close eye on this fire, and we'll keep you posted. >> we're also following breaking news in hayward that's impacting the commute. our nbc chopper is over the hayward bart station. you see a lot of people on the hayward barth station. that is closed as of now. there's a person on the track. authorities are finding out what's happening and clearing that person off. it will be an hour to an hour and a half delay following this potentially deadly accident. moving on now, who is in charge in san jose? another interim leader. the fire department appointed a deputy chief, ruben torres as acting chief. torres has been with the department for 27 years and has eight years of experience. he's the most senior active member. he will temporarily replace

mcdonald who will leave later this summer to lead the san jose police department. >> officials are working to identify a woman who died in an early morning fire in sunnyvale. she was found in the kitchen of the home, located on the 200 block of central avenue after 6:00 a.m. the fire was coming out of the front door and side doors and windows. the home is a complete loss and the the fire is not considered to be suspicious. the kcause of the fire is still under vin investigation. city leaders unveiled a rainbow flag over city hall in a ceremony. mayor ed lee was zthere. this comes as the supreme court is on the verge of ruling on the legality of prop 8, which bans same-sex marriage in e.ñflorida >> if we get good ruleg from the

supreme court, the celebration is already planned. market street is going to be filled with more joy and more love than ever before. >> now the earliest the court could rule is this thursday morning. many believe the announcement won't be made until next week. the pride parade is june 30th. still ahead at 5:00, could a wristband lead to life changes? a new push for healthy workers. >> and the white house has acknowledged her for innovation. she says it's an old fashioned approach to finding summer jobs for kids. part of the bay area series. plus an airport delay of a different kind. the scare that emptied a terminal out. and good afternoon. i'm jeff ranieri in the weather center. we're continuing to track the conditions across the benicia brush fire. at least 30 acres have burned. the good news, the winds are onshore increasing the humidity.

top wind gust of 43 in nevada. we'll talk about a cool trend for tomorrow in just a few minutes.

the fbi is looking for a bicycle bomber they say is still on the loose. any video released today shows a shadowy figure riding a bike through times square in new york city back in 2008. moments later that bomb explodes. no one was injured, but the bomb was built using a military grade device. the fbi is offering a $65,000 reward in the case. security experts say the nsa surveillance programs have helped to disrupt more than 50 terror plots worldwide since the september 11th attacks. keith alexander and other officials testified on capitol hill today. they said they are critical to detecting and preventing terror

plots. earlier this month ed snowden leaked details of the phone monitoring program. government officials say they also work to prevent abuses. they could vote to ban people from feeding birds. that they do not own. officials at sfo asked for the ban after noticing a problem at the nearby station. they're concerned having so many reports in the area makes them more poen to bird strikes. nine of them caused damage that resulted in either a flight delay or change of planes. in san jose, 9.5% increase in traffic last month compared

to may of last year. experts say the increase is due to more air service, like the arrival of virgin airlines. berkeley is considering a city wide minimum wage hike. leaders met today and will meet again tomorrow to discuss the proposal to raise the minimum wage to $8 an hour. proponents say it will help the economy as minimum wake workers will have more money to spend. earlier this year in san francisco they raised their minimum wage. have you heard about it? a way to raise money online, often for a particular project to a lot of little donations. >> one turned to crowd funding to help improve their building and ended up with not just money but some surprising attention. garvin thomas has their story

tonight. >> reporter: for all the great work that they have done for the past four decades, they do keep a relatively low profile. a lot of that comes for the personal of their director michelle clark. she says she's more steak than sizzle. in tonight's bay area crowd she gets credit for both. >> so you need to know i do this all the time. ask michelle clark how one gets to washington, d.c. and she'll take you up on the roof. sha being the best place, of course, to put solar panels. in this case the panels that power the building, that houses the youth employment partnership at the corner of 23rd and international boulevard in oakland. the nonprofit raised money through crowd funding, something the white house was keen to highlight. >> hi, i'm michelle. >> and that is how michelle, the executive director, got to washington as a champion for

change. although -- >> it's extremely flattering. but we're also feeling like maybe we've been invited to the wrong party. >> because as much as michelle enjoys being praised for being innovative and cutting edge, what she believes yep is best at is very old fashioned. getting young people jobs. >> teens want jobs. they flock here for zwrobs. >> it's something she and y.e.p. have been very good at. they've helped to educate, train and get jobs for some 30,000 oakland teens and young adults. right now this team of y.e.p. trainees is finishing renovations on a house they bought for 1. >> it wasn't worth $1. no kitchen. no bathroom. it was crazy. >> it will soon be sold to a

low-income family, giving them the gift of homeowner ship and the young people some very marketable skills. >> when they have tools in their hands and they start to realize how smart and capable they are and through that self esteem building they start to make positive choices and move their life in a better direction. >> how are you doing today? >> it's something michelle says she has seen countless times in the 24 years she has run y.e.p. while it is something new, it's certainly not old habit. >> if we build a healthy group of teens, it's only a matter of time until our city becomes very healthy. >> one of the main things is the building itself at 23rd and international. they train the kids how to work. the kids i think they built that building. everything that you see in there, down to the floorboards are these recycled, salvaged woods from old army bases that were dismantled.

so all the the work and everything, you go into the building and it's very nice that has in turn improved that corner of oakland. so many youth have been a part of it. they stay away. nobody touches it. it's spreading out and it's contagio contagious. >> we have a special program we want to tell you about. we have launched the annual grant problem. nonprofits can enter to win 3 grants that can add up to $100 thourk. to apply, pretty simple. just go to nbcbayarea.com and look for the 21st century solutions link. and now to a chaotic afternoon in denver. incredible pictures of a tornado that touched down at the the denver international airport this afternoon. thousands of passengers took shelters in bathrooms and other safe spots as it passed through the area.

the national weather service says a 97 miles per hour wind gust was at the airport. fortunately they were no reports of damage or injuries. >> it has just been a wild weather pattern for month now. seeing the pictures is incredible. >> yeah, plenty of weather that has played a factor in our weather. on the east coast and the plains have been getting hammered with storm after storm. today it was windy but nowhere close to this the 95 miles per hour wind gust they had in denver. that's sustained. so impressive for us. and top wind gusts to 43. do expect the winds to continue over the next 44 hours. with the wind onshore we did have drizzle over the last 24 hours. look at this.

half-moon bay at 0.02. 77nlñ in gilroy. mill valley at 75. summer weather is on the way as we officially hit that summer stride as we head throughout thursday with that arriving just after 10:00 at night. a first look at the wednesday forecast. we'll have cloud cover on the coast side. the clouds will start to break by 11:00 a.m. it's still going to stay pretty cool here with temperatures in the upper 60s. you'll probably need a jacket for most of the morning. let's get you outside right now. we'll have that low cloud cover for tonight. much more extensive up the peninsula to the san francisco international airport. so do expect potential delays tonight. and for tomorrow morning. and a very classic june day here

and it's an awesome looking picture. we have this trough of low pressure across the west as that stays in place for wednesday. the mild air will be with us. once again some winds that could top anywhere from 30 to 50 miles per hour in the forecast. we'll also have the fog. i do think it will be the largest factor in the north bay and also for the immediate coastline. back in the east bay and southbay we're highlighting you as well. we'll see a lot more of it push back for tomorrow. we'll see a lot of sunshine for tomorrow. but if you're heading to the coastline, do expect the fog right on down to half-moon bay. as far as the daytime highs, it will stay below average to 75 in san jose and the east bay. also a wide mix of mid 70s as the onshore flow makes it to the hill. 67 in san francisco. 77 in santa rosa.

we'll see numbers go up as we head into friday. look at this. by saturday and sunday, sunny skies prevail. we'll get close to 90 degrees. but not quite there. and just as we get to a nice stride, we'll cool things off. but not by too much. monday and tuesday, i don't know, raj and janelle, i think it's doable weather. >> oh, it looks great. >> we worked very hard on that. about a half hour. >> two teenagers trapped on a mountain top. coming up the movie like rescue at a california state park. plus a real wake-up call from starbucks.s@ì((lc

well, take a look. some dramatic rescue pictures here. two california teenagers were hoisted off a cliff in tahoe national forest. this is deep in the mountains off i-80 near truckee. a helicopter and small plane were sent to retrieve the teenagers who stranded themselves on a narrow cliff nearly 9,000 feet high. it took several attempts to reach them because of the high winds. thankfully both boys escaped without any injuries. >> that grande mocha frappucino, 400 calories. they will now post the calories of each drink. calories from pastries will also be posted some public health experts say it won't make a difference. still ahead here, a silicon valley company is getting

together it's employees to get healthier.

those bands you see on people's wrists, well, they can help you with your held, but they can also help entire companies. >> even in the newsroom. >> for individuals, they are starting to catch on. we talked before about how bans like these can help with individuals when it comes to our health.

they're helping entire companies with health care costs and helping the next generation get helsier as well. san francisco q# aperial stores data in a cloud. but they also store their own data on their wrists to encourage employees to think about their health. >> we wanted to build a program that was virtual and allowed us to employees to be active, share stories. >> and it's paying off. the health care provider kicked in a five-figure grant for the program, money they hope will lead to more employees banning together. >> you can sort of see what each other is doing. you can make comments. you can challenge them to do something more ch and i think that's a healthy way to get us as a community working together.

>> a few miles away at jawbone headquarters, the company that makes and wears the band is working on a health care effort of its own, promoting orange band to benefit the alliance for a healthier generation, which aims to reduce the number of overweight kids, each band to inspire better health. >> it's a visible platform for the conversation but also the platform for being the role model to turn those into action and giving what people say they're going to do and what they're actually doing. >> helping this generation and the next generation get healthier. >> $20 will be given to the alliance to help childhood obesity. >> i have one similar. it's a dimpbd company. i walked 9,331 steps today. that's almost 10,000, but it's

steps. >> well, today is young. >> i do not have one. see you at 6:00. on the broadcast tonight, hitting back after having their data mining operations revealed. today the feds revealed just how many terrorist attacks have been prevented because of it. is it a disease? tonight, the ama is recommending a relabelling of obesity. and this will impact millions of americans who struggle with it. ist real this time? is it really him? as searchers seem to nrow in on a field in michigan because they've been told it's where jimmy hoffa was buried alive 38 years ago. and creature comforts. when you're feeling at your worst, like allowing a very close friend to stay with you at the hospital. "nightly news" begins now.